Description

28thAnnualEthics CLEHot Topics in Legal Ethics

1:00–1:55 Attorney Discipline in 2015: The State of the Oregon State Bar

The procedural rules that govern Oregon’s attorney discipline system have been only moderately changed since 1984. This program will provide an overview of Oregon’s attorney discipline system as it functions in 2015, highlighting how Oregon’s system differs from many states’ and detailing the roles of volunteers and professional staff. The panelists will also discuss the results of a recent ABA study of Oregon’s attorney discipline system and preview a Bar committee’s recommendations made in response to the study.

Protecting law firm data is no longer as simple as locking the office door. That lawyers are able to store, access and communicate confidential client and employee data electronically and remotely increases risk that the data will be exposed to interception, misplacement or theft. In the age of wireless networks, cloud computing, and mobile lawyering, law firms must develop strategies to protect electronic data. This panel will help you identify potential data risks at your firm, understand the ethical obligations that arise out of data management and storage, create risk-minimizing policies and procedures, and develop action strategies in case of a potential data breach.

– David J. Elkanich– Dayna E. Underhill

2:50–3:05 Break

3:05–4:00Ripped from the Headlines: Notable Ethics Breaches

How often have you thought, That opposing counsel is kicking our tail in trial. If we could only set him up in a crime….? If you acted on that, what are the ethics implications? Truth is stranger than fiction as we explore highly entertaining real-life practice missteps that have gotten lawyers in trouble, in the news, or both. This rollicking panel will explore head-shaking behavior which blows the limits of ethics, civility and professionalism to impart cogent lessons in What Not To Do.

Faculty

Attorney

Holland & Knight LLP

David J. Elkanich, Partner, Holland & Knight LLP, Portland; Adjunct Professor, Lewis & Clark Law School; B.A., magna cum laude, University of Arizona (1996); J.D., University of Oregon School of Law (1999); member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; admitted to practice in the U.S. District Courts, District of Oregon, Western District of Washington, District of Idaho, and the Court of Appeals for the Ninth Circuit; advises lawyers and law firms in a wide range of professional responsibility matters, including ethics advice, bar discipline defense, and litigation assistance with sanctions issues, withdrawal and disqualification motions; regularly counsels lawyers and other professionals how to navigate an “electronic” practice, including the rules of engaging in online activity, mining metadata, and in utilizing social media; past chair and current member, Oregon Legal Ethics Committee; Chair, RPC 8.4 (Anti-Bias) Drafting Committee; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member OSB Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member, ABA Center for Professional Responsibilities.

Director of Regulatory Services and Disciplinary Counsel

Oregon State Bar

Dawn Miller Evans, Disciplinary Counsel and Director of Regulatory Services, Oregon State Bar, Tigard; B.A., cum laude, Southwestern University (1975); J.D., University of Texas School of Law (1981); Member of the Texas State Bar since 1981, the Michigan State Bar since 2006, and the Oregon State Bar since 2014; past President, National Organization of Bar Counsel and Walker County Bar Associations; former member, Board of Directors, Texas Young Lawyers Association.

Attorney

Holland & Knight LLP

Peter R. Jarvis, Partner, Holland & Knight, Portland; B.A., magna cum laude, Harvard University (1972); M.A. and J.D., Yale University (1976); member of the Oregon State Bar since 1976, Washington State Bar since 1983, California State Bar since 2002, Alaska State Bar since 2003, and New York State Bar since 2009; practices primarily in the area of attorney professional responsibility and risk management, advising lawyers, law firms, and corporate legal departments on issues including but not limited to conflicts analysis, disciplinary defense, the minimization or avoidance of lawyer and law firm risk, law firm policies and procedures, and the provision of ethics opinions and expert testimony; leader of the firm’s national Lawyers’ Professional Responsibility /Risk Management Practice Group; former chair, ABA Center for Professional Responsibility Conference Planning Committee; former member, OSB Legal Ethics Committee and Washington State Bar Rules of Professional Conduct Committee; co-editor and chapter author, THE ETHICAL OREGON LAWYER (Oregon CLE 2006); co- author (with Geoffrey C. Hazard, Jr. and W. William Hodes), THE LAW OF LAWYERING (Aspen 2008 Supp.); co-author, OREGON RULES OF PROFESSIONAL CONDUCT ANNOTATED (OLI 6th ed. 2010); frequent writer and speaker on legal ethics issues; co-author (with Anthony Davis), RISK MANAGEMENT (ABA 2nd ed.).

Attorney

Folawn Alterman & Richardson LLP

Bonnie Richardson, Managing Partner, Folawn, Alterman & Richardson LLP, Portland; J.D., University of Oklahoma College of Law (1997); member of the Oregon State Bar since 1998; admitted to the U.S. Court of Appeals for the Ninth Circuit and U.S. District Court, for the District of Oregon; practice focuses on litigation, legal malpractice, trust litigation, and business litigation; member, task force to review the Oregon Rules of Civil Procedure to address discrimination, intimidation and/or harassment in legal proceedings; member, Multnomah Bar Foundation Board of Directors; past officer, Multnomah Bar Association Board of Directors; past member, Legal Ethics Committee of Oregon State Bar; recipient, Multnomah Bar Association Pro Bono Award of Merit (2009); recipient, Portland Business Journal’s “Forty Under 40” award (2011); frequent speaker on ethics and the law.

Attorney

Gevurtz Menashe

Mark Johnson Roberts, Of Counsel, Gevurtz Menashe, Portland; B.A., Reed College (1982); J.D., Boalt Hall School of Law, University of California at Berkeley (1987); LL.M., Transnational Law, Willamette University College of Law (2011); member of the Oregon State Bar since 1987 and the Washington State Bar since 2003; practice emphasizes family law, adoptions and surrogacy arrangements, and same-sex relationships; former clerk, U.S. District Court and Oregon Court of Appeals; fellow, American Academy of Matrimonial Lawyers; chair, ABA Commission on Sexual Orientation and Gender Identity; past president, Oregon State Bar and the National LGBT Bar Association; former chair, State Professional Responsibility Board; member, Oregon Law Institute Board of Directors (2008–present); recipient, MBA Professionalism Award; frequent author and lecturer on family and appellate law topics.

Deputy City Attorney

Portland Office of City Attorney

Simon C. Whang, Deputy City Attorney, Office of the Portland City Attorney; B.A., Johns Hopkins University (1992); J.D., New York University School of Law (1999); member of the New York State Bar since 2000 and the Oregon State Bar since 2003; adjunct professor, Mock Trial/Moot Court at Lewis & Clark Law School; speaks regularly on professionalism and social media.

Bundles Pricing

Your registration includes electronic course materials. You may add printed materials and, if noted in the description below, forms on CD for this price and we will have them for you to pick up at the program.

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